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Searching Content indexed under Professional Negligence by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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1
Calling Time On Limitation?
A further limitation decision which is good news for professionals and their insurers has recently been made.
UK
24 May 2011
2
Footnotes – April 2011
In United Company Rusal PLC and others v HSBC Bank PLC and others (2011) the court considered whether to make a Norwich Pharmacal order against the firm Debevoise & Plimpton LLP for disclosure of documents.
UK
20 Apr 2011
3
Caught In The Crossfire?
The current economic climate has led to a substantial rise in claims against solicitors, including circumstances where solicitors are dragged into proceedings between commercial parties when one fails to honour an agreement.
UK
20 Apr 2011
4
Better Safe Than SRA? – Solicitors And Personal Data
Data protection breaches by law firms have been a hot topic in the press recently.
UK
20 Apr 2011
5
Outcomes-Focused Regulation – A "Naked Road" Scheme For The Legal Profession?
As the SRA continues with its timetable to implement outcomes-focused regulation (OFR), it has recently published its new Handbook, containing a principles based Code of Conduct.
UK
20 Apr 2011
6
Supreme Court Considers Double Jeopardy In Professional Disciplinary Proceedings
The professional indemnity market will welcome the recent decision of the Supreme Court in R (on the application of Coke-Wallis) v ICAEW, in which the Law Lords upheld the principle of res judicata and prevented the ICAEW, the accountants regulator, from bringing disciplinary proceedings twice in relation to the same misconduct by an accountant.
UK
25 Mar 2011
7
GMC to Review Child Protection Guidance
On 5 May 2010, David Southall won his appeal against a GMC finding that he accused a mother of murdering her son and a ruling striking him off the medical register.
UK
25 Oct 2010
8
Compensation Awarded For Disablity Caused By MMR Vaccine
This article discusses the recent award made to a young man whose severe disabilities were found to have been caused by the MMR vaccine he was given as a baby.
UK
25 Oct 2010
9
Gulf Of Mexico Oil Spill:Likely Impact On UK Regulation And Contractual Arrangements
The Gulf of Mexico oil spill resulted in a temporary moratorium on deepwater drilling and implementation of new regulation in the USA. Consequential organic changes to UK regulations are unlikely but more importance on the interpretation of existing regulations through continued and improved technical guidance is evident combined with greater enforcement of existing regulations.
UK
20 Oct 2010
10
To Settle or Not to Settle...
Although litigators are usually much better at making attendance notes than their corporate counterparts, it is less common to make attendance notes of successful settlement discussions. This can mean, however, that the solicitor is exposed to liability if the client changes their mind.
UK
16 Sep 2010
11
Professional Negligence and Indemnity: Surrender the Lost Cause
A recent Court of Appeal ruling giving solicitors the right to terminate the retainer of time-wasting claimants has been welcomed by many, but has also created uncertainty.
UK
14 Sep 2010
12
Lawyers' Liability Briefing - Cause and Effect
Causation defences are often an important defence in claims against solicitors. In our experience, the consequences of the error may be conveniently overlooked by claimants in the rush to claim compensation. However, the Court of Appeal recently made some surprising findings in this area.
UK
14 Sep 2010
13
To The Limit One More Time
The Court of Appeal’s decision in Pegasus v Ernst & Young (March 2010) has once again favoured the defendants’ argument that the claim against it was time-barred.
UK
24 Mar 2010
14
Catherine Hall v Heart Of England Balloons Limited
Once the right to damages under MC99 is extinguished it cannot be resurrected by the application of a Civil Procedure Rule.
UK
15 Mar 2010
15
Frolic Of Their Own? A Firm's Responsibility For Solicitors’ Actions
The High Court’s decision in Nayyar & Others v Denton Wilde Sapte & Another was handed down last month.
UK
2 Feb 2010
16
The Risks Of Recession
A recession imposes unique pressures upon professionals, including solicitors' firms. The professionals' response to this pressure gives rise to the risk of negligence and good risk management can therefore be crucial.
UK
15 Dec 2009
17
The Sound Of Silence
In a recession a professional firm may be tempted to keep quiet about the resignation of a key member of the advisory team. But the firm must ensure the client is not misled.
UK
15 Dec 2009
18
Time And Time Again – Court Considers Limitation Issues Once More
The court has grappled once again with the difficulties of determining the date when economic damage is suffered by a claimant in a professional liability claim.
UK
14 Dec 2009
19
Liability Of Directors Of Phoenix Companies
In the current economic climate, it is not uncommon for distressed businesses to be restructured through insolvency; the idea being to emerge in a leaner and more robust form albeit trading under a similar name.
UK
30 Sep 2009
20
The Pensions Ombudsman Gets Tough
The last year has seen a number of Pensions Ombudsman determinations where trustees have been ordered to reimburse the scheme for a breach of trust.
UK
30 Sep 2009
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